People v. Richardson

STATEMENT OF FACTS

On April 3, 1996, sometime after dark, petitioner parked his car at an intersection,

one block (or about 300 feet) south of the Lakeview Market in Lakeview. He had

removed the car’s license plates. He had two passengers, Robert Smith and Tyrone

Patton.

Petitioner stayed in the car while Smith and Patton entered the market. Smith told

the owner to get down on the floor, then shot him in the head, killing him. Smith and

Patton took loot, including food stamps and the owner’s wallet. Wearing ski masks or

bandannas, they ran back to the car.

A citizen who happened to be driving to the market just then saw Smith and Patton

running, one of them carrying a bag and a gun. He put his car into reverse and started

following them. He saw defendant standing outside the open driver’s side door of the

car.

This and all further statutory citations are to the Penal Code.

2 Defendant yelled, “Shoot him. Shoot him.” (Or possibly “Shoot ’em” or “Shoot

it.”) Patton fired one shot; in response, the citizen halted. Smith and Patton got into the

car, which drove away.

After the three were arrested, they had a conversation in a patrol car in which…